Staying a Patent Office Proceeding Pending Inter Partes Review

Authored by Michelle Carniaux and Michael E. Sander

A petition for inter partes review is often filed as part of an on-going dispute between a petitioner and patent owner. Often, the patent that is the subject of a petition for inter partes review may be the same or related to a patent at issue in a district court or International Trade Commission (ITC) action, and/or involved with another U.S. Patent and Trademark Office (USPTO) proceeding. When two or more proceedings concerning the same or similar issues arise, parties to the dispute may consider the tactical advantage of staying one proceeding pending the completion of the other. In addition, courts must consider issues of judicial economy and the potential for inconsistent rulings.

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